17 results for 'cat:"Zoning" AND cat:"Due Process"'.
J. Guirola grants a city’s motion for summary judgment against claims of violating a hotel owner’s due process rights when declaring the property a menace to "public health, safety and welfare." The city did not violate the owner's due process since it gave her an opportunity to appear at a hearing, and it was justified in trying to protect the health and safety of its citizens.
Court: USDC Southern District of Mississippi , Judge: Guirola, Filed On: December 14, 2023, Case #: 1:23cv63, NOS: Other Civil Rights - Civil Rights, Categories: Property, zoning, due Process
J. Locke finds a property developer’s substantive and procedural due process and equal protection claims against the Long Island town of East Hampton were sufficiently adjudicated in state court and dismisses their civil rights complaint under the doctrine of res judicata. The property developer sued the town and various public officials on claims that the town issued a stop-work order on the construction of a two-story mixed commercial-residential building without giving the developer an opportunity to contest the order after discovering it had used concrete instead of asphalt, in violation of their building permit, for several disability-related improvements in the property’s parking lot.
Court: USDC Eastern District of New York, Judge: Locke, Filed On: November 28, 2023, Case #: 2:20cv5828, NOS: Other Civil Rights - Civil Rights, Categories: zoning, due Process, Equal Protection
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J. Morrison grants, in part, the township's motion to dismiss, ruling it is not required under Ohio law to approve every zoning application that meets certain requirements found in its comprehensive plan. Therefore, the landowners have no protected property interest in the re-zoning application and their due process claims fail as a matter of law.
Court: USDC Southern District of Ohio, Judge: Morrison, Filed On: November 17, 2023, Case #: 2:23cv691, NOS: Other Civil Rights - Civil Rights, Categories: Government, zoning, due Process
J. Wilkin finds the trial court properly upheld the zoning board's denial of the property owner's request for a variance. The frontage requirement for residential properties did not devalue the property, while the variance would have substantially altered the surrounding area by reducing the amount of agricultural ground. Meanwhile, the owner's failure to raise his due process and constitutional claims before the zoning board requires dismissal of that portion of his appeal. Affirmed.
Court: Ohio Court Of Appeals, Judge: Wilkin, Filed On: November 16, 2023, Case #: 2023-Ohio-4234, Categories: Constitution, zoning, due Process
Per curiam, the Alabama Supreme Court finds that the trial court properly ruled in favor of a city's ban on short-term rentals. The city did not violate due process and was not precluded by estoppel from enforcing the ordinance, as claimed by a city council member and homeowner who used his basement as a short-term rental. Affirmed.
Court: Alabama Supreme Court, Judge: Per curiam, Filed On: October 27, 2023, Case #: SC-2022-0741, Categories: Property, zoning, due Process
J. Wray finds the two minutes granted to each citizen during committee meetings centered around the developer's applications for zoning permits did not violate their due process rights. New Mexico law does not impose an arbitrary number of minutes for public comment at such meetings. Additionally, while the citizens were not allowed to directly cross-examine the developer's witnesses, they were permitted to present rebuttal evidence throughout the five days of hearings, which also satisfied due process standards. Affirmed.
Court: New Mexico Court of Appeals, Judge: Wray, Filed On: September 11, 2023, Case #: A-1-CA-40279, Categories: Government, zoning, due Process
J. Hurd dismisses a property developer’s suit with claims for due process violations against a small town in Upstate New York alleging its zoning board wrongfully revoked its permit to redevelop a deserted resort property after local residents mounted a successful campaign to stall the development. In regards to the merits of their claims, the court finds the failed to obtain approvals by the state Department of Environmental Conservation as conditioned under their special use permit.
Court: USDC Northern District of New York, Judge: Hurd, Filed On: June 9, 2023, Case #: 1:22cv1306, NOS: Other Statutory Actions - Other Suits, Categories: zoning, due Process
J. Hall denies the city's motion for summary judgment, ruling the gravel company has made a plausible due process claim in relation to certain conditions imposed in a zoning permit for their operations. Evidence in the record indicates the business ran for decades before any zoning requirements were implemented, which is sufficient to prove a prior, nonconforming use and protected property interest.
Court: USDC Connecticut, Judge: Hall, Filed On: June 7, 2023, Case #: 3:21cv193, NOS: Other Civil Rights - Civil Rights, Categories: zoning, due Process
J. Dallet finds the village board trustee did not violate the property owner's due process rights by weighing in on her daughter and son-in-law's application to amend a village ordinance so they could re-zone their vacant residential property for commercial development. Because there is no due process right in Wisconsin law to an impartial decision-maker for legislative acts such as the board's amendment of a generally applicable ordinance, the trustee casting the deciding vote in favor of her daughter and son-in-law's application did not violate the property owner's due process rights, so the court of appeals correctly reversed the circuit court's ruling in favor of the property owner. Affirmed.
Court: Wisconsin Supreme Court, Judge: Dallet, Filed On: June 6, 2023, Case #: 2021AP001764, Categories: zoning, due Process
J. Ross dismisses for failure to state a claim the elderly Iranian homeowners’ due process, conspiracy and equal protection claims alleging a two-year-long campaign of harassment on the part of a local zoning enforcement officer stemming from their efforts to remove dead or dying trees on or near their property on the basis of their ages and national origins. They had alleged they were forced to leave their property and sell it at a reduced value due to various zoning violations filed against the property.
Court: USDC Eastern District of New York, Judge: Ross, Filed On: May 19, 2023, Case #: 2:22cv4047, NOS: Other Civil Rights - Civil Rights, Categories: zoning, due Process, Equal Protection
J. Schumacher finds that the county board of adjustment was properly granted summary judgment after two business owners who intended to build a bed and breakfast disputed a conditional use permit granted by the county because the board made adequate factual findings, and the business owners were not denied due process. Affirmed.
Court: Iowa Court Of Appeals, Judge: Schumacher, Filed On: May 10, 2023, Case #: 22-0249, Categories: Property, zoning, due Process
J. Schumacher finds that the county board of adjustment was properly granted summary judgment after two business owners who intended to build a bed and breakfast disputed a conditional use permit granted by the county because the board made adequate factual findings, and the business owners were not denied due process. Affirmed.
Court: Iowa Court Of Appeals, Judge: Schumacher, Filed On: May 10, 2023, Case #: 22-0242, Categories: Property, zoning, due Process